This action arises out of a contract between Donald Maynard and the University of South Florida ("the University") that regulated the terms and conditions of Maynard's participation as a resident in the University's surgical residency program.

The University's decision to terminate Maynard from the program resulted in both state and federal litigation, culminating in the instant appeal.
... More...   $0 (01-16-2009 - FL)

Michael Shaw, his wife, Joanne Shaw, and their business, JN and MC Shaw Management Corp., doing business as JM Management Company1 appeal from the trial court’s adverse judgment after a bifurcated bench trial on liability issues relating to their claims against the County of Santa Cruz and two of its employees for inverse condemnation, negligence, trespass, and nuisance.2 The judgment also dismi... More...   $0 (01-16-2009 - CA)

On July 31, 2006, AOL LLC (formerly America Online, Inc.) made publicly available the internet search records of more than 650,000 of its members. The records contained personal and sometimes embarrassing information about the members. Plaintiffs, members of AOL, brought an action in federal district court in California on behalf of themselves and a putative nationwide class of AOL members, allegi... More...   $0 (01-16-2009 - )

Plaintiffs Vernon Lane Bledsoe and the Biggs Unified Teachers Association appeal the denial of their petition for writ of administrative mandamus. (Code Civ. Proc., § 1094.5.) Their petition alleged the Biggs Unified School District (District) abused its discretion by laying off Bledsoe, a tenured teacher with the District, in violation of the requirements of section 44955 of the Education Code (... More...   $0 (01-15-2009 - CA)

The issue presented by this original action for mandamus is whether Jesse White, the Secretary of State of the State of Illinois, is required by section 5(1) of the Secretary of State Act (15 ILCS 305/5(1) (West 2006)) to countersign and affix the seal of the state to the document issued by Governor Rod R. Blagojevich on December 31, 2008, certifying the Governor’s appointment of Roland Burris t... More...   $0 (01-14-2009 - IL)

Appellant Gloria Celeste Loving filed a suit for writ of mandamus against appellee City of Houston to compel disclosure of requested information under the Texas Public Information Act. Appellee filed a special exception, stating that a mandamus action was not proper under the Texas Government Code when the attorney general had issued a letter ruling excepting the information from disclosure. The... More...   $0 (01-08-2009 - TX)

Arkansas Blue Cross and Blue Shield (“Blue Cross”) and its wholly-owned subsidiary, USAble Corporation (“USAble”), brought this action against Little Rock Cardiology Clinic, P.A., and Little Rock HMA, Inc. (jointly, “the health care providers”), seeking to enjoin a civil action between the parties pending in the Circuit Court of Pulaski County, Arkansas.1 The district court2 granted th... More...   $0 (01-07-2009 - AR)

These appeals present a host of issues arising out of litigation about whether executives of Drummond, Ltd., the Colombian subsidiary of a coal mining company in Alabama, paid paramilitary operatives to torture and assassinate leaders of a Colombian trade union, SINTRAMIENERGETICA. In 2002 and 2003, the union and several of its leaders and relatives of deceased leaders sued Drummond and its parent... More...   $0 (12-25-2008 - AL)

Cardiac Pacemakers, Inc., Guidant Sales Corporation, Mirowski Family Ventures, LLC, and Anna Mirowski (collectively “Cardiac” or “appellants”) appeal from the decision of the United States District Court for the Southern District of Indiana granting summary judgment of invalidity of claim 4 of U.S. Patent 4,407,288 (“the ‘288 patent”). See Cardiac Pacemakers, Inc. v. St. Jude Medical... More...   $0 (12-19-2008 - IN)

This matter comes to us on the appeal of five sheriffs, Chief Deputy Sheriff James M. Grant, Chief Deputy Sheriff Daniel E. Silva, Chief Deputy Sheriff Jo-Ann J. Macari, Sheriff Joseph K. Ford,1 and Sheriff Ann M. Castelli (collectively plaintiffs). The plaintiffs contend that their layoffs (or, in Castelli’s case, her potential layoff) were improper. The trial justice ruled in favor of the defe... More...   $0 (12-18-2008 - RI)

Petitioners, River Riders, Inc. and Matthew Knott, seek a writ of prohibition to vacate three pre-trial orders of the Circuit Court of Jefferson County that (1) excluded from the forthcoming trial the Release and Assumption of Risk Agreements that had been signed by fourteen plaintiffs prior to embarking on a whitewater rafting expedition provided by the Petitioners; (2) ruled that the rafting in... More...   $0 (12-10-2008 - WV)

Appellants Catherine Louise Briggs and Scott Briggs filed a petition for a writ of mandate (Code Civ. Proc., § 1085) to direct a private arbitrator to lift a stay he had imposed in the arbitration of a dispute concerning an uninsured motorist policy issued by GEICO General Insurance Company (GEICO). The trial court denied the petition, finding that the arbitrator did not err in issuing a stay. We... More...   $0 (12-09-2008 - CA)

This appeal concerns the terms of an Uniform Intermodal Interchange and Facilities Access Agreement (“the Agreement”) that provides that the laws of Maryland shall govern over the interpretation of the agreement. Appellant, CMA-CGM (America), Inc., appeals the trial court’s dismissal of its claims for indemnification against appellee, Empire Truck Lines Inc. In three issues, CMA contends tha... More...   $0 (12-05-2008 - TX)

Appeal from a judgment of the Superior Court of Orange County, Charles Margines, Judge. Affirmed. Kulik, Gottesman, Mouton & Siegel, LLP, Thomas M. Ware II, Sharon Barber; Borton, Petrini & Conron, LLP, Matthew J. Trostler for Defendant and Appellant. Enterprise Counsel Group, David A. Robinson, Benjamin P. Pugh; Jeffrey Lewis for Plaintiffs and Respondents.

Marquesa at Monarch Beach (Marqu... More...   $0 (12-02-2008 - CA)

Marquesa at Monarch Beach (Marquesa) is a common interest development governed by the Davis-Stirling Common Interest Development Act (Civ. Code, § 1350, et. seq.). It is comprised of single family homes in the Monarch Beach development of Dana Point, many of which have ocean and golf course views. The community is managed by the Marquesa at Monarch Beach Homeowners Association (the Association), ... More...   $0 (12-02-2008 - CA)

Latimore Township appeals an order of the Court of Common Pleas of Adams County (trial court) vacating two decisions of the Township’s Board of Supervisors (Supervisors) to deny approval of two final subdivision plans submitted by M. Everett Weiser. The principal issue we consider is whether a final subdivision plan, which is substantially similar to a deemed approved preliminary plan, must be a... More...   $0 (11-29-2008 - PA)

T-Mobile, LLC, (“T-Mobile”) brought this action challenging the decision of the Unified Government of Wyandotte County/Kansas City, Kansas (“Unified Government”) to deny T-Mobile’s application for a Special Use Permit to construct a wireless telecommunications facility. T-Mobile sought declaratory, injunctive, and mandamus relief. The parties filed cross-motions for summary judgment and ... More...   $0 (11-20-2008 - KS)

We enter here into the arcane world of Medicaid law to answer a fundamental question: does a federal statute imposing notice and comment requirements apply to actions taken or mandated by a state legislature? In 2004, the California Legislature, as part of adopting a state budget after the Constitutional budget deadline had expired, proposed and enacted over only a three-day period a freeze on the... More...   $0 (11-19-2008 - CA)

Plaintiff Margaret Cortright appeals from the circuit court’s November 21, 2006 order dismissing with prejudice her intentional tort claims (counts I, II, and III) and reaffirming the dismissal of her discrimination claims (counts IV, V and VI) under a previous ruling. Cortright v. Doyle, No. 01 L 02886 (Cir. Ct. Cook Co.). On appeal, the plaintiff alleged that: (1) the intentional tort claims w... More...   $0 (11-18-2008 - IL)

The plaintiff, Cort Wrotnowski, brought a complaint pursuant to General Statutes § 9- 3231 against the defendant, Susan Bysiewicz, the secretary of the state, alleging that the defendant unlawfully had failed to verify that Barack Obama, the democratic nominee for the office of president of the United States for the November 4, 2008 presidential election, was a natural born citizen of the United ... More...   $0 (11-18-2008 - CT)

Ellen Hughes Finnerty, a registered nurse, petitioned for a writ of mandate requiring the Board of Registered Nursing to set aside its decision disciplining her for gross negligence and incompetence. The Board disciplined Finnerty in connection with an incident during which Finnerty refused to comply with a resident physician’s order that a patient be intubated immediately in his room, and inste... More...   $0 (11-13-2008 - CA)

By petition for writ of mandamus and interlocutory appeal, Relator/Appellant Citizens National Bank challenges the trial court's order denying its motion to compel arbitration and stay the underlying proceedings. (1) We deny the Bank's petition for writ of mandamus and affirm the trial court's order.

Background

The underlying dispute arises from the Bank's alleged misappropriation an... More...   $0 (11-07-2008 - TX)

Petitioner seeks a writ of mandamus to compel the trial court to discharge a claim of lien filed by a contractor against petitioner’s home. We grant the petition because the contractor failed to comply with the statutory lien procedure.

Following the recording of the contractor’s lien, the owners filed a complaint seeking discharge of the lien, which was served o n the contractor, along... More...   $0 (11-05-2008 - FL)

Appellant, Stephen E. Tanner, appeals from a domesticated judgment enforced against him under the Texas Uniform Enforcement of Foreign Judgments Act ("UEFJA") (1) and the entry of a turnover order that included the appointment of a receiver and a master in chancery. (2) We determine (1) whether the trial court abused its discretion in denying Tanner's motion to dismiss the UEFJA action and in iss... More...   $0 (10-31-2008 - TX)

n these two appeals and mandamus, we must decide the effect of nonsuits and the res judicata effect of a county-court-at-law judgment on a related lawsuit in district court. We affirm the county-court appeal, reverse the district-court appeal, and dismiss as moot the mandamus proceeding.

Facts

The underlying controversy arises out of a 2001 contract between appellant C/S Solutions, I... More...   $0 (10-31-2008 - TX)